Notes

Tom Luster submits a reply declaration in support of a stay of the Section 401 Water Quality Certification issued by the Washington State Department of Ecology for the Port of Seattle’s proposed airport expansion project. Luster argues the certification is based on speculation rather than the required ‘reasonable assurance’ standard and does not meet applicable water quality protection requirements. The declaration addresses applicable laws including the Clean Water Act, RCW 90.48, and WAC 173-201A, as well as the adequacy of the proposed stormwater plan and low flow mitigation plan.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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